정년연장과 임금피크제 (The analysed and organized legal principles and practical issues of the peak wage system and a various theory of interpretation related to the retirement age)

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· 저자명 : 정숙희

초록

This article, analysed and organized legal principles and practical issues of the peak wage system and a various theory of interpretation related to the extending retirement age which was established at age of 60 in 2013 and ahead of the implementation of it in 2016. While extending retirement age is the mandatory, the wage system reform is a deficiency of rule of law that is proclamatory rule lacking forcibleness. There are various types in peak wage system, but it can generally be categorized by retirement age guaranteed type and prolonged retirement age type(prolonged employment type). As for the contents of these peak wage system, it was specifically reviewed the strengths and weaknesses of the system in relation with the labor law. The Ministry of Employment and Labor insist with expectation that introducing the peak wage system would be able to achieve wage adjustment, continuous job security in the middle aged and the elderly and job creation in the youth. The peak wage system could be a resolving method in the seniority based wage system, as the extension of the retirement age can be a burden of cost for a company, however the peak wage system may cause conflict between labor and management because it is closely related to the lives of their families for workers. This series of current situation was explained for a background of the introduction of the peak wage system. The company is specifically introducing retirement wage guaranteed type under this circumstance that the retirement age has been extended by law. In the point of view of labor law, retirement age guaranteed type peak wage system eventually means the problem of adverse changes in the working conditions and is not a separate independent wage system. Therefore if you want to introduce a retirement age guaranteed peak wage system it requires a majority union or a majority of workers agreement. In addition, when introduced into a collective agreement it should be viewed as comprising an agreement for disadvantageous revision of rules of employment. Also the peak wage system corresponds to an age discrimination as it still prohibits wage cuts in respect to the elderly age discrimination law. Our companies’ peak wage system practices are unlike in the case of Japan, being introduced as part of the company personnel structure adjustment as it is overlapping with redundancy in a functional perspective. Therefore the peak wage system should meet the procedural requirements of layoffs, and it is invalid to apply application of the principle of changing circumstances recognizing layoffs after job security agreement.
In addition the tripartite should all be able to get all the original effects to expect when it is consisted of relations with working conditions and working techniques when introducing the peak wage system.

영어초록

This article, analysed and organized legal principles and practical issues of the peak wage system and a various theory of interpretation related to the extending retirement age which was established at age of 60 in 2013 and ahead of the implementation of it in 2016. While extending retirement age is the mandatory, the wage system reform is a deficiency of rule of law that is proclamatory rule lacking forcibleness. There are various types in peak wage system, but it can generally be categorized by retirement age guaranteed type and prolonged retirement age type(prolonged employment type). As for the contents of these peak wage system, it was specifically reviewed the strengths and weaknesses of the system in relation with the labor law. The Ministry of Employment and Labor insist with expectation that introducing the peak wage system would be able to achieve wage adjustment, continuous job security in the middle aged and the elderly and job creation in the youth. The peak wage system could be a resolving method in the seniority based wage system, as the extension of the retirement age can be a burden of cost for a company, however the peak wage system may cause conflict between labor and management because it is closely related to the lives of their families for workers. This series of current situation was explained for a background of the introduction of the peak wage system. The company is specifically introducing retirement wage guaranteed type under this circumstance that the retirement age has been extended by law. In the point of view of labor law, retirement age guaranteed type peak wage system eventually means the problem of adverse changes in the working conditions and is not a separate independent wage system. Therefore if you want to introduce a retirement age guaranteed peak wage system it requires a majority union or a majority of workers agreement. In addition, when introduced into a collective agreement it should be viewed as comprising an agreement for disadvantageous revision of rules of employment. Also the peak wage system corresponds to an age discrimination as it still prohibits wage cuts in respect to the elderly age discrimination law. Our companies’ peak wage system practices are unlike in the case of Japan, being introduced as part of the company personnel structure adjustment as it is overlapping with redundancy in a functional perspective. Therefore the peak wage system should meet the procedural requirements of layoffs, and it is invalid to apply application of the principle of changing circumstances recognizing layoffs after job security agreement.
In addition the tripartite should all be able to get all the original effects to expect when it is consisted of relations with working conditions and working techniques when introducing the peak wage system.

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